12670 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

Service Bulletin 45–27–41, or Bombardier 

(Learjet) Optional Service Bulletin 40–27–25, 

both dated January 11, 2010, and repeat the 

non-destructive liquid penetrant inspection 

of the sleeve thereafter at intervals not to 

exceed 6 months. 

Note 2: Guidance on modification of the 

flap actuator can be found in Microtecnica 

Service Bulletin 27–0018, dated November 

24, 2009. 

Parts Installation 

(j) As of the effective date of this AD, no 

person may install, on any airplane, a 

ballscrew assembly sleeve of the flap 

actuator, unless the actuator has been 

modified according to Bombardier (Learjet) 

Optional Service Bulletin 45–27–41, or 

Bombardier (Learjet) Optional Service 

Bulletin 40–27–25, both dated January 11, 

2010. 

Reporting Requirement 

(k) Submit a one-time report of the findings 

of the general visual inspection and the 

initial non-destructive liquid penetrant 

inspection required by this AD to Chris 

Broadrick, Bombardier Aerospace, Project 

Coordinator—Fielding Specialist, Customer 

Support Engineering, One Learjet Way, P.O. 

Box 7707, Wichita, Kansas 67209; telephone 

316–946–2315; fax 316–946–8908; e-mail 

chris.broadrick@aero.bombardier.com; at the 

applicable time specified in paragraph (k)(1) 

or (k)(2) of this AD. The report must include 

airplane serial number, flap actuator part 

number, flap actuator serial number, and flap 

actuator time in service (in hours). Under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 10 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 10 days after the effective date of this 

AD. 

Special Flight Permits 

(l) Special flight permits may be issued in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to operate the airplane to 

a location where the airplane can be 

modified, unless cracks are discovered in 

both an inboard and outboard actuator sleeve 

for any flap. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

William Griffith, Aerospace Engineer, 

Airframe Branch, ACE–118W, FAA, Wichita 

ACO, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209; 

telephone (316) 946–4116; fax (316) 946– 

4107. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(n) You must use the service information 

included in Table 1 of this AD, as applicable, 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Learjet, Inc., One Learjet 

Way, Wichita, Kansas 67209–2942; telephone 

316–946–2000; fax 316–946–2220; e-mail 

ac.ict@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

TABLE 1—MATERIAL INCORPORATED

BY REFERENCE

Document Date 

Bombardier (Learjet) 

Alert Service Bulletin 

A40–27–24.

January 11, 2010. 

Bombardier (Learjet) 

Alert Service Bulletin 

A45–27–40.

January 11, 2010. 

Bombardier (Learjet) 

Optional Service Bulletin 40–27–25.

January 11, 2010. 

Bombardier (Learjet) 

Optional Service Bulletin 45–27–41.

January 11, 2010. 

Issued in Renton, Washington, on March 9, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5669 Filed 3–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0642; Directorate 

Identifier 2009–NM–001–AD; Amendment 

39–16241; AD 2010–06–16] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 767 series airplanes. This AD 

requires inspections for scribe lines in 

the fuselage skin at skin lap joints, the 

skin at certain external approved 

repairs, the skin around external 

features such as antennas, and the skin 

at decals; and related investigative and 

corrective actions if necessary. This AD 

results from reports of scribe lines found 

at skin lap joints and butt joints, around 

external repairs and antennas, and at 

locations where external decals had 

been cut. We are issuing this AD to 

detect and correct scribe lines, which 

can develop into fatigue cracks in the 

skin and cause sudden decompression 

of the airplane. 

DATES: This AD is effective April 21, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 21, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https: 

//www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12671 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6577; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 767 airplanes. 

That NPRM was published in the 

Federal Register on July 16, 2009 (74 FR 

34513). That NPRM proposed to require 

inspections for scribe lines in the 

fuselage skin at skin lap joints, the skin 

at certain external approved repairs, the 

skin around external features such as 

antennas, and the skin at decals; and 

related investigative and corrective 

actions if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the commenters. 

Support for the NPRM 

The Air Transport Association of 

America (ATA) agrees with the intent of 

the NPRM. 

Request To Remove Requirements for 

Inspections for Partially Repainted 

Airplanes 

The ATA, on behalf of its member 

American Airlines (AA), requests that 

we revise the NPRM to state that the 

inspections done in accordance with 

Boeing Alert Service Bulletin 767– 

53A0193, Revision 1, dated April 9, 

2009, are necessary only in areas that 

have been previously stripped or 

repainted. 

We agree that clarification is 

necessary. Note 1 of paragraph (g) of this 

AD, as well as the notes in paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin 767–53A0193, Revision 

1, dated April 9, 2009, state the 

exceptions to the inspection. Boeing 

Alert Service Bulletin 767–53A0193, 

Revision 1, dated April 9, 2009, states 

that these inspections are not necessary 

in areas that have not been stripped or 

repainted. We have not changed the AD 

in this regard. 

Request To Remove Reference to Butt 

Joints From Paragraph (g) of the NPRM 

The ATA, on behalf of its member 

United Airlines (UAL), and Boeing and 

Japan Airlines (JAL) request that we 

remove the term ‘‘butt joints’’ from the 

requirements of paragraph (g) of the 

NPRM. Boeing and JAL point out that 

Boeing Alert Service Bulletin 767– 

53A0193, Revision 1, dated April 9, 

2009, does not specify any inspections 

for scribe lines at butt joints. 

We agree to remove the reference to 

‘‘butt joints’’ from paragraph (g) in this 

final rule. While Boeing Alert Service 

Bulletin 767–53A0193, Revision 1, 

dated April 9, 2009, does state that some 

scribe lines were found at butt joint 

areas of the skin, it does not specifically 

address scribe lines found at butt joints 

for Model 767 airplanes. We have 

removed the term ‘‘butt joints’’ from 

paragraph (g) of the final rule. 

Request To Remove Requirement for 

Inspections Where Decals Have Been 

Installed 

JAL requests that we remove the 

requirement for inspections where 

decals have been installed if procedures 

were used to ensure that the skin was 

not damaged. JAL states that it protects 

the skin before installing decals and 

inspects the skin to confirm that the 

area is free of damage after installing 

decals. 

We partially agree. Using tools that do 

not scribe the skin should be given 

consideration. However, we disagree 

that it is necessary to remove the 

requirement for inspections of any 

location where decals have been 

installed. Notes (b) and (d) in Table 1 in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 767–53A0193, 

Revision 1, dated April 9, 2009, state the 

locations that are exempt from the 

inspections. Under the provisions of 

paragraph (l) of the final rule, we will 

consider requests for approval of an 

alternative method of compliance if data 

are submitted to substantiate that such 

request would provide an acceptable 

level of safety. We have not changed the 

AD regarding this issue. 

Request To Revise Reporting 

Requirement 

All Nippon Airways (ANA), JAL, 

Boeing, and ATA, on behalf of its 

member Delta, request that we require 

reporting for crack findings only rather 

than require reporting positive and 

negative findings. ANA requests that we 

limit reporting to positive findings of 

cracks equal to or greater than 0.006 

inch deep. Delta requests that reporting 

be mandated only for positive findings 

(specifically findings over 0.001 inch 

deep), and requests that we extend the 

window for reporting from 30 to 180 

days. Delta states that a longer time 

period will allow findings to be batched 

together for a grouped report and 

preclude undue compliance issues 

related to late reporting. The 

commenters state that to require 

reporting for all findings, both for 

positive and negative findings, is 

burdensome and unnecessary. 

We agree to revise the reporting 

requirement to require reporting only 

for positive findings. Since Boeing Alert 

Service Bulletin 767–53A0193, Revision 

1, dated April 9, 2009, specifies that 

only a repair plan be reported to Boeing, 

we have revised paragraph (j) of the 

final rule to require reporting only for 

scribe lines deeper than 0.001 inch 

along with a respective repair plan. 

While airplanes with scribe lines greater 

than 0.001 inch deep and less than 

0.006 inch deep may be eligible for the 

limited return to service (LRTS) 

program depending on location, 

airplanes with scribe lines greater than 

0.006 inch in any location are not 

eligible for the LRTS program. 

We disagree with Delta’s request to 

extend the window for reporting from 

30 to 180 days. We find that 30 days 

after a completed inspection is an 

appropriate amount of time to submit 

reporting requirements. 

Request To Remove Inspection 

Requirement for Areas Without 

External Features 

JAL requests that we remove the 

inspection requirement for areas 

without external features. JAL notes that 

Boeing Alert Service Bulletin 767– 

53A0193, Revision 1, dated April 9, 

2009, requires inspections for scribe 

lines where external features are 

installed. JAL states that it has airplane 

configurations with antennas that were 

not installed. JAL requests that we add 

‘‘if an antenna is not located in the 

position described in the identification, 

no inspection for the skin at that 

location is required,’’ to the AD. 

We partially agree with the 

commenter. Boeing Alert Service 

Bulletin 767–53A0193, Revision 1, 

dated April 9, 2009, does not provide 

instructions to address such anomalies 

in those areas. However, we disagree 

that adding an exception to the AD is 

necessary because these anomalies do 

not affect the majority of the fleet. JAL 

may address this situation by requesting 

approval of an alternative method of 

compliance (AMOC) according to the 

procedures in paragraph (l) of this AD. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
12672 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

We have not changed the AD in this 

regard. 

Request To Change ‘‘Exploratory 

Detailed Inspection’’ to ‘‘Detailed 

Inspection’’ 

JAL requests that we change the term 

‘‘exploratory detailed inspection’’ to 

‘‘detailed inspection’’ because Boeing 

Alert Service Bulletin 767–53A0193, 

Revision 1, dated April 9, 2009, does 

not define ‘‘exploratory detailed 

inspection.’’ 

We agree to change the term for the 

reason provided by the commenter. We 

have revised paragraph (g) of the AD to 

reflect this change. 

Request To Remove Requirement to 

Return Airplanes To a ‘‘Serviceable 

Condition’’ 

The ATA, on behalf of its member 

AA, requests that we remove the 

requirement to return airplanes to a 

‘‘serviceable condition.’’ AA notes that 

Boeing Alert Service Bulletin 767– 

53A0193, Revision 1, dated April 9, 

2009, states ‘‘put the airplane back into 

a serviceable condition’’ multiple times. 

AA requests that we revise the AD to 

exclude this requirement because it 

does not address the unsafe condition. 

Furthermore, AA states that most 

operators will accomplish these 

inspections as part of a heavy 

maintenance visit, so returning the 

airplane to a serviceable condition will 

occur well after the inspections are 

complete. 

We partially agree with the 

commenter’s request. The airplanes may 

not be in a ‘‘serviceable’’ condition 

immediately after addressing the scribe 

line issue. However, we disagree that 

revising the AD is necessary because the 

statement is designed to ensure that the 

airplane is airworthy after all the 

required tasks have been completed and 

before the next flight of the airplane. We 

have not revised the AD in regard to this 

issue. 

Request To Include Alternate 

Measurement Tools 

The ATA, on behalf of its member 

AA, requests that we include alternate 

measurement tools. AA notes that 

paragraph 2.F., ‘‘Special Tooling,’’ of 

Boeing Alert Service Bulletin 767– 

53A0193, Revision 1, dated April 9, 

2009, lists several different optical 

micrometers and laser measurement 

devices. AA requests that we revise the 

AD to include provisions for using 

alternative equivalent measurement 

tools rather than allowing only the 

specific models listed. 

We disagree with the commenter’s 

request to revise the AD to include 

alternative measurement tools. Boeing 

Alert Service Bulletin 767–53A0193, 

Revision 1, dated April 9, 2009, 

specifies that no special tooling is 

necessary to accomplish the specified 

actions, and it lists standard tools that 

may be needed to measure scribe line 

depth. We have not changed the AD in 

this regard. 

Request To Change Compliance Time in 

the Service Bulletin 

ANA requests that we change the 

requirement ‘‘after the original issue 

date of the service bulletin’’ as it is 

written in paragraph 1.E., ‘‘Compliance,’’ 

of Boeing Alert Service Bulletin 767– 

53A0193, Revision 1, dated April 9, 

2009, to ‘‘after the effective date of the 

AD.’’ 

We agree with the commenter that the 

effective date of the AD should be the 

date used to determine compliance. 

Paragraph (h) of this final rule states 

that where Boeing Alert Service Bulletin 

767–53A0193, Revision 1, dated April 9, 

2009, specifies a compliance time after 

the date on that service bulletin, this AD 

requires compliance within the 

specified compliance time after the 

effective date of this AD. We have not 

changed the AD in this regard. 

Explanation of Change Made to This 

AD 

Boeing Commercial Airplanes has 

received an Organization Designation 

Authorization (ODA), which replaces 

their previous designation as a 

Delegation Option Authorization (DOA) 

holder. We have revised paragraph (l)(3) 

of this AD to delegate the authority to 

approve an alternative method of 

compliance for any repair required by 

this AD to the Boeing Commercial 

Airplanes ODA. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

We estimate that this AD affects 367 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

product 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspections ........................................ 340 $80 None ..................................... $27,200 367 $9,982,400 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 12673 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–06–16 The Boeing Company: 

Amendment 39–16241. Docket No. 

FAA–2009–0642; Directorate Identifier 

2009–NM–001–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective April 21, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 767–200, –300, –300F, and 

–400ER series airplanes, certificated in any 

category, as identified in Boeing Alert 

Service Bulletin 767–53A0193, Revision 1, 

dated April 9, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of scribe 

lines found at skin lap joints, butt joints, 

around external repairs and antennas, and at 

locations where external decals had been cut. 

We are issuing this AD to detect and correct 

scribe lines, which can develop into fatigue 

cracks in the skin and cause sudden 

decompression of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection 

(g) At the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin 767–53A0193, Revision 1, 

dated April 9, 2009, except as provided in 

paragraph (h) of this AD, do detailed 

inspections for scribe lines of skin lap joints 

around external repairs and antennas, and at 

locations where external decals might have 

been cut. Do all applicable related 

investigative and corrective actions at the 

times specified in Boeing Alert Service 

Bulletin 767–53A0193, Revision 1, dated 

April 9, 2009, by accomplishing all actions 

specified in the Accomplishment 

Instructions of that service bulletin, except as 

provided by paragraph (i) of this AD. 

Note 1: The inspection exemptions noted 

in paragraph 1.E. of Boeing Alert Service 

Bulletin 767–53A0193, Revision 1, dated 

April 9, 2009, apply to this AD. 

Exceptions to Service Bulletin Specifications 

(h) Where Boeing Alert Service Bulletin 

767–53A0193, Revision 1, dated April 9, 

2009, specifies a compliance time after ‘‘the 

original issue date on this service bulletin,’’ 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. 

(i) Where Boeing Alert Service Bulletin 

767–53A0193, Revision 1, dated April 9, 

2009, specifies to contact Boeing for 

appropriate action, accomplish applicable 

actions before further flight using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

Report 

(j) At the applicable time specified in 

paragraph (j)(1) or (j)(2) of this AD: Submit 

a report of positive findings of scribe lines 

deeper than 0.001 inch along with a repair 

plan found during the inspections required 

by paragraph (g) of this AD. Operators may 

use the reporting form contained in 

Appendixes B and C, as applicable, of Boeing 

Alert Service Bulletin 767–53A0193, 

Revision 1, dated April 9, 2009. Send the 

report to Boeing Commercial Airplanes, P.O. 

Box 3707, Seattle, Washington 98124–2207. 

The report must contain, at a minimum, the 

inspection results, a description of any 

discrepancies found, the airplane serial 

number, and the number of flight cycles and 

flight hours on the airplane. Under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

Credit for Actions Accomplished Previously 

(k) Actions accomplished previously in 

accordance with Boeing Alert Service 

Bulletin 767–53A0193, dated November 25, 

2008, are considered acceptable for 

compliance with the applicable actions 

specified in this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to Attn: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6577; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(m) You must use Boeing Alert Service 

Bulletin 767–53A0193, Revision 1, dated 

April 9, 2009, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
12674 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations 

Issued in Renton, Washington, on March 9, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5670 Filed 3–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0004; Airspace 

Docket No. 09–ASW–32] 

RIN 2120–AA66 

Amendment of Jet Routes and VOR 

Federal Airways in the Vicinity of 

Gage, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the legal 

description of two Jet Routes and seven 

VHF Omnidirectional Range (VOR) 

Federal Airways in the vicinity of Gage, 

OK. The FAA is taking this action 

because the Gage VHF Omnidirectional 

Range/Tactical Air Navigation 

(VORTAC), included as part of the route 

structure for the airways, is being 

renamed the Mitbee VORTAC for 

identity clarification. 

DATES: Effective date 0901 UTC, June 3, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending the legal description of Jet 

Routes J–26 and J–98 and VOR Federal 

Airways V–12, V–17, V–190, V–280, V– 

390, V–402, and V–507 in the vicinity 

of Gage, OK. Currently, these airways 

have the Gage, OK, [VORTAC] included 

as part of their route structure. The Gage 

VORTAC and the Gage Airport, both in 

Gage, OK, share the same name and 

facility identifier (GAG), but are not colocated and are greater than 5 nautical 

miles apart. To eliminate the possibility 

of confusion, and a potential flight 

safety issue, the Gage VORTAC will be 

renamed the Mitbee VORTAC and 

assigned a new facility identifier 

(MMB). All Jet Routes and VOR Federal 

Airways with Gage, OK, [VORTAC] 

included in their legal descriptions will 

be amended to reflect the name change. 

The name change of the VORTAC will 

coincide with the effective date of this 

rulemaking action. 

Since this action merely involves 

editorial changes in the legal 

description of Jet Routes and VOR 

Federal Airways, and does not involve 

a change in the dimensions or operating 

requirements of that airspace, notice 

and public comment under 5 U.S.C. 

553(b) are unnecessary. 

Jet Routes and Domestic VOR Federal 

Airways are published in paragraphs 

2004 and 6010(a), respectively, of FAA 

Order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Jet Routes and domestic VOR 

Federal Airways listed in this document 

will be published subsequently in the 

Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends the legal description of Jet 

Routes and VOR Federal Airways in the 

vicinity of Gage, OK. 

Environmental Review 

There are no changes to the lateral 

limits. Therefore, the FAA has 

determined that this action is not 

subject to environmental assessments 

and procedures in accordance with FAA 

Order 1050.1E, Policies and Procedures 

for Considering Environmental Impacts, 

and the National Environmental Policy 

Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 2004 Jet Routes. 

* * * * * 

J–26 [Amended] 

From Ciudad Juarez, Mexico, via El Paso, 

TX; INT of El Paso 070° and Chisum, NM, 

215° radials; Chisum; Panhandle, TX; Mitbee, 

OK; Wichita, KS; Kansas City, MO; 

Kirksville, MO; Bradford, IL; to Joliet, IL. The 

airspace within Mexico is excluded. 

* * * * * 

J–98 [Amended] 

From Liberal, KS, via Mitbee, OK; Will 

Rogers, OK; via Tulsa, OK; Springfield, MO; 

to Farmington, MO. 

* * * * * 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–12 [Amended] 

From Gaviota, CA, via San Marcus, CA; 

Palmdale, CA; 38 miles, 6 miles wide, 

Hector, CA; 12 miles, 38 miles, 85 MSL, 14 

miles, 75 MSL, Needles, CA; 45 miles, 34 

miles, 95 MSL, Drake, AZ; Winslow, AZ; 30 

miles, 85 MSL, Zuni, NM; Albuquerque, NM; 

Otto, NM; Anton Chico, NM; Tucumcari, 

NM; Amarillo, TX; Mitbee, OK; Anthony, KS; 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1